Price v. John
- Jeffrey White
- 4:24-cv-08631
- U.S. District Court · Northern District of California
- 1
In Price v. John, Judge White dismissed the case with prejudice after no amended complaint was filed and denied appointment of counsel.
Marcus A. Price’s case was dismissed with prejudice, and his motion for appointment of counsel was denied. The Clerk was directed to enter judgment and close the file.
What happened
In Price v. John, the court had dismissed Marcus A. Price’s civil-rights complaint because it did not present a valid claim for relief. Price was given 28 days to file an amended complaint and warned that the case would be dismissed if he did not do so.
Price did not file an amended complaint, ask for more time, or explain why he had not done so. The court also denied his request for appointment of counsel, stating that civil litigants generally have no right to a lawyer and that the case was not complex at that stage.
Judge Jeffrey White dismissed Price’s case with prejudice and directed the Clerk to enter judgment and close the file. Judge White also denied the motion for appointment of counsel.
The detailed version
- Price v. John · No. 4:24-cv-08631
- Jeffrey White
- July 31, 2025
Background
On January 13, 2025, the court dismissed Marcus A. Price’s civil-rights complaint for failure to present a cognizable claim for relief. The court gave Price 28 days to file an amended complaint and warned that the case would be dismissed if he did not amend it.
The opinion states that Price did not file an amended complaint, request an extension of time, or show cause—give a reason accepted by the court—why he had not done so. The court noted that a successful amendment would require Price to request and provide the last names of the NSH staff members he intended to sue.
Rulings
The court dismissed the case with prejudice. It also denied Price’s motion for appointment of counsel. The court explained that there is no right to appointed counsel in a civil case and that, at that stage, the case was not complex. The Clerk was directed to enter judgment and close the file.
Effect
The dismissal with prejudice ended this case on the terms stated in the order. The opinion does not state any additional disposition concerning the underlying civil-rights allegations.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.